HomeMy WebLinkAbout2004-02-24 Regular Meeting MinutesMINUTES
CITY OF ANNA
REGULAR CITY COUNCIL MEETING
February 24, 2004 7:30 PM
Community Room, Texas Star Bank
The City Council of the City of Anna met in Regular Session at 7:30 p.m., Tuesday, February 24,
2004, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 455), and
considered the following items:
1. Call to Order.
The Mayor Kenneth Pelham called the meeting to order at 7:32 p.m.
2. Roll Call and Establishment of Quorum.
The following members were present and participating: Mayor Kenneth L. Pelham,
Mayor Pro -Tem Mark Montgomery, Councilman J. W. Finley, Jr., Councilman John
Geren, Councilman Chris Caldwell arrived at 7:36 p.m. The following members were
absent: Councilman Lynn Mosier.
3. Consider citizen comments and presentations.
Amy Burrell presented complaint about trash around Grandy's Track Stop needing to be
cleaned up. Andy Finwell inquired about traffic light at Highway 5 and FM 455.
4. Consider presentation of petition by residents/property owners of East Fork Estates.
Presentation for East Fork resident by Kelly Owens on material used for road repair being
slick with cars running into ditch. He presented a petition from property owners to repair
the road. The city repaired the road this time for damage from construction of waterlines.
Unexpected heavy rainfall after rock was laid kept it from setting, according to Public
Works Director David Certain. Mr. Owens stated the homeowners understood road
would be maintained by the City Of Anna after annexed. Mr. Lawrence said, that
according to the annexation agreement the road is a private road and the City is not
obligated to maintain it. During the discussion it was noted that the residents can dedicate
land for an easement and the city council could then instruct the city staff to start
maintaining the road.
5. Anna Volunteer Fire Department
Review of monthly reports
Monthly report on the Anna Volunteer Fire Department was given by Larry Bridges,
Assistant Fire Chief
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6. EXECUTIVE SESSION: Under terms of Chapter 551 of Texas Government Code the
City Council may enter into CLOSED SESSION or Executive Session to discuss the
purchase, exchange, lease, or value of real property (Government Code, Chapter
551.072) and to consult with legal counsel on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code.
(Government Code, Chapter 551.071).
Councilman Joe Finley Jr., moved that the council move into executive session.
Councilman Chris Caldwell seconded the motion.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
Council moves into executive session at 7:58 p.m.
Council returned to open session at 8:38 p.m.
7a. Consider and act upon items listed under Item 6 Executive Session, as necessary.
Consider adoption of resolutions declaring a public necessity for the public welfare and
convenience to acquire easements on the property described below, authorizing the City
Administrator and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the
easements by any lawful means including but not limited to negotiations with landowners
and, if necessary proceedings in eminent domain; directing the City Administrator and
his staff and Wolfe, Tidwell & McCoy, LLP, attomeys, to have the property described
below appraised by a certified appraiser, to make a final offer for easements on the
property, and, if necessary, to institute proceedings in eminent domain.
a. An easement located within a 77.130 acre tract owned by George Fleming West,
said property being located on CR 455, Collin Appraisal District Parcel Number R-6559-
001-0010-1, recorded in Volume 3291, Page 860, Collin County Deed Records. The
easement is 20' in width, located along the west edge of the 77.130 acre tract, and will be
used for location of utility lines and appurtenances.
Mayor Pro Tem Mark Montgomery moved that the council authorize Administrator and
his staff and Wolf, Tidwell & McCoy, LLP, attorneys, to have the property described
above appraised by a certified appraiser, to make a final offer for easements on the
property and, if necessary, to institute proceedings in eminent domain. Councilman Chris
Caldwell seconded the motion.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
b. An easement located within a 55.008 acre tract owned by MML Partners, LP, located
on CR 367, Collin Appraisal District Parcel Number R-, recorded in Collin County
Clerk's File No. 2002-0018931, Land Records, Collin County, Texas. The easement is
25' in width and traverses the 55.008 acre tract on a north -south course. The easement
will be used for location of utility lines and appurtenances.
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Councilman John Geren moved that the council authorize the City Administrator and his
staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to have the property described above
appraised by a certified appraiser, to make a final offer for easements on the property,
and if necessary, to institute proceedings in eminent domain. Councilman Chris Caldwell
seconded the motion.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
7b. Consider adoption of resolutions declaring a public necessity for the public welfare and
convenience to acquire properties described below, authorizing the City Administrator
and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the properties by
any lawful means including but not limited to negotiations with landowners and, if
necessary proceedings in eminent domain; directing the City Administrator and his staff
and Wolfe, Tidwell & McCoy, LLP, attorneys, to have the properties described below
appraised by a certified appraiser, to make a final offer for the properties, and, if
necessary, to institute proceedings in eminent domain.
a. Property located along the north edge of a 32.360 acre tract owned by Marthe
Adams, located on CR 366, Collin Appraisal District Parcel Number R-6505-000-0090-
1, recorded in Volume 2605, Page 654, Collin County Deed Records. The property to be
acquired includes an area not to exceed 55' in width across the north edge of the 32.360
acre tract and is to be used as right-of-way for a public thoroughfare.
b. Property located along the north edge of an 11.5 acre tract owned by Verline
McCoy, located on CR 366, Collin Appraisal District Parcel Number R-6505-000-0100-
1. The property to be acquired includes an area not to exceed 55' in width across the
north edge of the 11.5 acre tract and is to be used as right-of-way for a public
thoroughfare.
C. Property located along the south edge of a 3.273 acre tract owned by Seminole 20
Ltd, located on CR 366, Collin Appraisal District Parcel Number R-6505-000-0170-1,
recorded in Volume 5219, Page 2519, Collin County Deed Records. The property to be
acquired includes an area not to exceed 55' in width across the south edge of the 3.273
acre tract and is to be used as right-of-way for a public thoroughfare.
d. Property located along the south edge of a 22.986 acre tract owned by Titan
Properties, located on CR 366, Collin Appraisal District Parcel Number R-6505-000-
0040-1, recorded in Volume 5434, Page 3650, Collin County Deed Records. The
property to be acquired includes an area not to exceed 100' in width across the south
edge of the 22.986 acre tract and is to be used as right-of-way for a public thoroughfare.
e. Property located along the south edge of a 12.50 acre tract owned by Titan
Properties, located on CR 366, Collin Appraisal District Parcel Number R-6505-000-
0140-1, recorded in Volume 5434, Page 3650, Collin County Deed Records. The
property to be acquired includes an area not to exceed 100' in width across the south
edge of the 12.50 acre tract and is to be used as right-of-way for a public thoroughfare.
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Several of the property owners along CR 366 addressed the council to say that they do
not understand why the City needed their property, as they are not within Anna's City
Limits.
Motion was made by Mayor Pro Tem Mark Montgomery to adopt resolutions declaring a
public necessity for the public welfare and convenience to acquire properties described in
A & E above, authorizing the City Administrator and his staff and Wolfe, Tidwell &
McCoy, LLP, attorneys, to acquire the properties by any lawful means including but not
limited to negotiations with landowners and, if necessary proceedings in eminent domain;
directing the City Administrator and his staff and Wolfe, Tidwell & McCoy, LLP,
attorneys, to have the properties described above appraised by a certified appraiser, to
make a final offer for the properties, and if necessary, to institute proceedings in eminent
domain. Motion seconded by Councilman Joe Finley Jr.
3 Aye 0 Nay 1 Abstain Lynn Mosier Motion Carried
8. Consider action on Agreement between Skorburg Company and City of Anna regarding
acquisition of property for right-of-way for thoroughfare development along CR 366.
Skorburg Company has agreed to pay full cost of acquisitions of easements.
Mayor Pro Tem Mark Montgomery made motion to table this item until the City Of
Anna's attorney has had a chance to review the agreement and the City Administrator
time to negotiate. Motion seconded by Councilman Joe Finley Jr.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
Break was called at 10:07 p.m. and meeting resumed at 10:24 p.m.
9. Consider action on Agreement between City of Anna and City of Melissa regarding
participation in construction of wastewater transportation facilities.
The only change not made from prior meeting is escrow will be with Melissa and interest
would be applied to Anna's share of project cost. Excess interest beyond Anna's project
cost would be paid to Anna.
Motion was made by Mayor Pro Tem Mark Montgomery for the Mayor to sign the
revised agreement as presented with changes stated above. Motion seconded by
Councilman Joe Finley Jr.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carded
10. Public Hearing: Consider public comment regarding request by Skorburg Company for
Planned Development zoning, including single family and multifamily residential, retail,
commercial, and public uses for an approximately 300 acre tract bounded roughly by CR
421 on the south and the DART rail line on the west, including tracts owned by Ms.
Lenora Burgett , the Sharp Gifting Trust, the Sharp Living Trust, Mr. Cary Bartoo and
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Ms. Janet L. Barton, and Mr. T. J. Warren. In order to hear and consider as many citizen
comments as possible, the amount of time available for individual speakers at the public
hearing may be limited. Speakers at the hearing will be heard according to their order on
a listing to be established for such purpose by the City Secretary.
Public Hearing on zoning started 10:27 p.m.
Mr. Skorburg made a presentation on the proposed Town Center.
Public comments included on traffic flow and request that the City of Anna look at other
possible options.
Public Hearing on zoning closed at 10.45 p.m.
11. Consider action on request by Skorburg Company for Planned Development zoning,
including single family and multifamily residential, retail, commercial, and public uses
for an approximately 300 acre tract bounded roughly by CR 421 on the south and the
DART mil line on the west, including tracts owned by Ms. Lenora Burgett, the Sharp
Gifting Trust, the Sharp Living Trust, Mr. Cary Barton and Ms. Janet L. Barton, and Mr.
T. J. Warren.
Mayor Pro Tem Mark Montgomery made a motion to approve Skorburg Company's
request for Planned Development zoning, including single family and multifamily
residential, retail, commercial, and public uses for an approximately 300 acre tract
bounded roughly by CR 421 on the south and the DART rail line on the west, including
tracts owned by Ms. Lenora Burgett, the Sharp Gifting Trust, the Sharp Living Trust, Mr.
Cary Barton, Ms. Janet L. Barton and Mr. T. J. Warren, with the direction that Mayor
Pelham sign and publish the resulting zoning amendment after adoption by the Council.
Councilman J. W. Finley Jr., seconded the motion.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
12. Consider action on Town Center Facilities Agreement.
Councilman Chris Caldwell made motion to table action on Town Center Facilities
Agreement. Motion seconded by Councilman John Geren.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
13. Consider action on a zoning request by Mr. Kerry Burleson for Single Family Planned
Development (49.4 acres) and C-1 Commercial (3.3 acres) zoning on a 52.71 acre tract in
the J. C. Brantley Survey, Abstract No. 114, located at 12300 CR 425.
Mayor Pro Tem Mark Montgomery made motion to approve the Ordinance with
revisions to Ordinance No. 127-2004 to require that at least 25% of the lots in the
residential area have a minimum living area of 1,200 square feet, that at least 50% of the
lots in the residential part of the development have a minimum living area of 1,400
square feet and that Section A.3 50% of lots in the residential part of the development
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have a minimum living area of 1,600 square feet. Councilman Chris Caldwell seconded
motion.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
14. Consider action on Sweetwater Crossing Facilities Agreement.
Councilman John Geren made motion to table action on Sweetwater Agreement.
Councilmember Joe Finley Jr. seconded motion.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
15. Public hearing: Consider public comment regarding annexation of the following tract:
A 105.475 acre tract in the G. Stark Survey, Abstract No. 798, owner being Gordon
Davis, located on the south side of E. White Street (FM 455), west of and adjacent to
Wildwood Estates subdivision.
Public hearing opened at 11:42 p.m.
No comments.
Public hearing closed at 11:43 p.m.
16. Consider action on resolution setting date, time, and place for public hearings on
annexation of the following tract:
A two (2.00) acre tract in the G. Stark Survey, Abstract No. 798, owner being WKG, Inc.,
located on the south side of SH 121, near the intersection of SH 121 and FM 455
Mayor Pro Tem Mark Montgomery made motion to set first Public Hearing on March
9,2004 and second Public Hearing on March 23, 2004. Councilman John Geren seconded
motion.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
17. Consider approval of resolution authorizing the resubmission of an application to the
Texas Parks & Wildlife Department for financial assistance to develop/construct park,
recreation, and open space facilities.
Councilman Chris Caldwell made motion to resubmit Parks and Wildlife Application
with the change to increase local match to $135,000 dollars from park fees. Councilman
Joe Finley Jr., seconded motion.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
18. Consider and take action as desired regarding fiscal year 2002-2003 audit.
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Councilman Joe Finley Jr., made motion to approve fiscal year 2002-2003 audit.
Councilman John Geren seconded motion.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
19. Update on current projects.
Public Works Director David Certain presented update on Wells #2 & #3 repairs. The
repairs are completed and wells are running. They will be monitored through the night
and Anna schools will not be closed. Well #4 (County Road 370) is still down and has
never worked properly. The City has had continual problems with Franklin Motor pump.
Lee Lawrence said he would meet with the driller, Grayson Collin Electric and the
engineer to discuss this problem and the solution. The City of Anna needs this well
running before summer.
20. Financial report.
None
21. Payment of bills.
Councilman Joe Finley Jr., made motion to approve payment of bills. Councilman Chris
Caldwell seconded motion.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
22. Adjourn.
Motion to adjourn made by Councilman Joe Finley Jr. Councilman Chris Caldwell
seconded.
4 Aye 0 Nay 0 Abstain Unanimous Motion Carried
Mayor adjourned meeting at 12.10 a.m.
e�
meth L. Pelham, Mayor
ATTEST:
1 m7 P r�
Wayne E.�Cummings, City Secretary
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